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Can the Australian Judicial System Meet the Structural Challenges of Future Population Change?
By Brian Opeskin
This article examines the impact of population change on the evolution of the Australian judicial system. Through four case studies, it argues that demography is an important but overlooked lens through which to understand pressures on the judicial system over coming decades. The case studies examine the impact of increasing life expectancy on judicial tenure; of population ageing on judicial pensions; of international migration on judicial diversity; and of population redistribution on the spatial delivery of justice in lower courts. Using data on Australia’s historical demographic experience and projected demographic future, the article argues that key structural reforms are needed if the judicial system is to sustain the core values of judicial independence, access to justice, quality of justice, public trust, and cost effectiveness. The governments that are responsible for influencing the place of the judiciary in society, and the courts themselves, can acquire a deeper understanding of optimal pathways of reform by examining how society is likely to change in size, composition, and spatial distribution as we advance towards the mid-century.
Source @SSRN
